Said in CommitteeBeta

Exactly as spoken.

Education Committee- House

March 9, 2023 ·10:00 AM ·Room 138 ·50:34
Video Transcript 1 document

Bills discussed (27)

Bill Title Sponsor Status
HB1113 · 2 mentions in chapter, agenda
Matched: “HB1113 Rose TO AMEND ARKANSAS LAW CONCERNING THE AWARD OF SCHOLARS…”
TO AMEND ARKANSAS LAW CONCERNING THE AWARD OF SCHOLARSHIPS UNDER THE SUCCEED SCHOLARSHIP PROGRAM TO … Rose Died in House Committee at Sine Die Adjournment
HB1154 · 2 mentions in chapter, agenda
Matched: “HB1154 L. Johnson TO AMEND THE LAW CONCERNING THE TYPE OF LICENSE…”
TO AMEND THE LAW CONCERNING THE TYPE OF LICENSE ISSUED TO CERTAIN APPLICANTS IN AN … L. Johnson Died in House Committee at Sine Die Adjournment
HB1192 Act 802 · 2 mentions in chapter, agenda
Matched: “HB1192 Eubanks TO REPEAL THE PUBLIC SCHOOL EDUCATIONAL COOPERATIVE…”
TO REPEAL THE PUBLIC SCHOOL EDUCATIONAL COOPERATIVE ACT OF 1981; AND TO AMEND THE EDUCATION … Eubanks Notification that HB1192 is now Act 802
HB1204 · 2 mentions in agenda, chapter
Matched: “…AND TO AMEND THE EDUCATION SERVICE COOPERATIVE ACT OF 1985. HB1204 Wooten TO REQUIRE PRIVATE SCHOOLS TO ADMINISTER AN ANNUAL S…”
TO REQUIRE PRIVATE SCHOOLS TO ADMINISTER AN ANNUAL STATEWIDE STUDENT ASSESSMENT; AND TO REQUIRE PRIVATE … Wooten Died in House Committee at Sine Die Adjournment
HB1205 · 2 mentions in agenda, chapter
Matched: “…D INTENDS TO COVER PRIVATE SCHOOL COSTS WITH STATE FUNDING. HB1205 Wooten TO REQUIRE A SCHOOL THAT ACCEPTS STATE FUNDING OF AN…”
TO REQUIRE A SCHOOL THAT ACCEPTS STATE FUNDING OF ANY TYPE TO PROVIDE TRANSPORTATION TO … Wooten Died in House Committee at Sine Die Adjournment
HB1206 · 2 mentions in agenda, chapter
Matched: “…TRANSPORTATION TO CERTAIN STUDENTS ENROLLED IN THE SCHOOL. HB1206 Joey Carr TO AMEND ARKANSAS LAW CONCERNING THE INFORMATION…”
TO AMEND ARKANSAS LAW CONCERNING THE INFORMATION CONSIDERED UNDER THE SCHOOL RATING SYSTEM. Joey Carr Died in House Committee at Sine Die Adjournment
HB1343 · 2 mentions in chapter, agenda
Matched: “HB1343 Scott TO ALLOW THE CONTENTS OF A TEACHER PREPARATION PROGRA…”
TO ALLOW THE CONTENTS OF A TEACHER PREPARATION PROGRAM TO INCLUDE CERTAIN CONTENT THAT PERTAINS … Scott Died in House Committee at Sine Die Adjournment
HB1350 · 2 mentions in agenda, chapter
Matched: “…THE INFORMATION CONSIDERED UNDER THE SCHOOL RATING SYSTEM. HB1350 C. Fite TO AMEND THE LAW CONCERNING THE EFFECT OF A MINORIT…”
TO AMEND THE LAW CONCERNING THE EFFECT OF A MINORITY POPULATION ON SCHOOL DISTRICT ELECTIONS. C. Fite Died in House Committee at Sine Die Adjournment
HB1428 · 2 mentions in agenda, chapter
Matched: “…FECT OF A MINORITY POPULATION ON SCHOOL DISTRICT ELECTIONS. HB1428 C. Cooper TO CREATE THE EQUAL ACCESS TO COLLEGE AND CAREER…”
TO CREATE THE EQUAL ACCESS TO COLLEGE AND CAREER READINESS ASSESSMENTS ACT. C. Cooper WITHDRAWN BY AUTHOR
HB1447 · 2 mentions in chapter, agenda
Matched: “HB1447 J. Mayberry TO AMEND THE MECHANISM BY WHICH SCHOOL NURSES A…”
TO AMEND THE MECHANISM BY WHICH SCHOOL NURSES ARE COMPENSATED. J. Mayberry Died in the House at Sine Die Adjournment
HB1468 Act 542 · 2 mentions in chapter, agenda
Matched: “HB1468 Long TO CREATE THE GIVEN NAME ACT; AND TO PROHIBIT REQUIRIN…”
TO CREATE THE GIVEN NAME ACT; AND TO PROHIBIT REQUIRING EMPLOYEES OF PUBLIC SCHOOLS AND … Long Notification that HB1468 is now Act 542
HB1489 Act 720 · 2 mentions in agenda, chapter
Matched: “…AMEND THE MECHANISM BY WHICH SCHOOL NURSES ARE COMPENSATED. HB1489 D. Garner TO AMEND THE LAW CONCERNING PROGRAMS AND ACTIVITI…”
TO AMEND THE LAW CONCERNING PROGRAMS AND ACTIVITIES APPROVED FOR ACADEMIC CREDIT FOR COMMUNITY SERVICE. D. Garner Notification that HB1489 is now Act 720
HB1495 Act 721 · 2 mentions in chapter, agenda
Matched: “HB1495 Gramlich TO AMEND THE LAW REGARDING DEADLINES FOR SCHOOL DI…”
TO AMEND THE LAW REGARDING DEADLINES FOR SCHOOL DISTRICTS TO SUBMIT THE RATE OF TAX … Gramlich Notification that HB1495 is now Act 721
HB1504 Act 543 · 2 mentions in chapter, agenda
Matched: “HB1504 M. McElroy TO AMEND THE PUBLIC EDUCATION REORGANIZATION ACT…”
TO AMEND THE PUBLIC EDUCATION REORGANIZATION ACT; TO AMEND THE CONDITIONS UNDER WHICH A PUBLIC … M. McElroy Notification that HB1504 is now Act 543
HB1516 · 2 mentions in chapter, agenda
Matched: “HB1516 Lundstrum TO ALLOW A PUBLIC SCHOOL DISTRICT TO PARTNER WITH…”
TO ALLOW A PUBLIC SCHOOL DISTRICT TO PARTNER WITH A BUSINESS TO ALLOW FOR THE … Lundstrum Died in Senate Committee at Sine Die adjournment.
HB1526 Act 723 · 2 mentions in chapter, agenda
Matched: “HB1526 Bentley TO REQUIRE A HEALTH AND SAFETY COURSE OFFERED BY A…”
TO REQUIRE A HEALTH AND SAFETY COURSE OFFERED BY A PUBLIC SCHOOL DISTRICT OR OPEN-ENROLLMENT … Bentley Notification that HB1526 is now Act 723
HB1527 Act 448 · 2 mentions in chapter, agenda
Matched: “HB1527 Bentley TO CLARIFY THE REQUIREMENT THAT PUBLIC SCHOOL DISTR…”
TO CLARIFY THE REQUIREMENT THAT PUBLIC SCHOOL DISTRICTS GRANT EXCUSED ABSENCES TO STUDENTS WHO PARTICIPATE … Bentley Notification that HB1527 is now Act 448
HB1529 Act 546 · 2 mentions in chapter, agenda
Matched: “HB1529 Ray TO ESTABLISH THE ARKANSAS ADULT DIPLOMA PROGRAM ACT.”
TO ESTABLISH THE ARKANSAS ADULT DIPLOMA PROGRAM ACT. Ray Notification that HB1529 is now Act 546
HB1531 Act 547 · 2 mentions in chapter, agenda
Matched: “HB1531 G. Hodges TO AMEND THE LAW TO ALLOW QUALIFIED ELECTORS TO D…”
TO AMEND THE LAW TO ALLOW QUALIFIED ELECTORS TO DETERMINE THE ISSUE AS TO WHETHER … G. Hodges Notification that HB1531 is now Act 547
HB1539 Act 724 · 2 mentions in chapter, agenda
Matched: “HB1539 Vaught TO REPEAL THE REQUIREMENT THAT PUBLIC SCHOOL DISTRIC…”
TO REPEAL THE REQUIREMENT THAT PUBLIC SCHOOL DISTRICTS AND OPEN-ENROLLMENT PUBLIC CHARTER SCHOOLS OFFER CERTAIN … Vaught Notification that HB1539 is now Act 724
HB1540 · 2 mentions in chapter, agenda
Matched: “HB1540 Vaught TO REQUIRE A STUDENT WHO REENTERS A PUBLIC SCHOOL DI…”
TO ALLOW A PUBLIC SCHOOL TO ADMINISTER A GRADE-LEVEL PLACEMENT TEST TO A STUDENT WHO … Vaught Died on Senate Calendar at Sine Die adjournment.
HB1551 Act 726 · 2 mentions in agenda, chapter
Matched: “AGENDA (Revised 3/8/23 @ 3:15 PM) HB1551 Moved to Deferred and HB1495 & HB1526 Moved to Regular Agen…”
CONCERNING COMMUNITY COLLEGES. McClure Notification that HB1551 is now Act 726
HB1559 Act 511 · 2 mentions in agenda, chapter
Matched: “…CESS BY WHICH A PUBLIC SCHOOL DISTRICT MAY OBTAIN A WAIVER. HB1559 McAlindon CONCERNING IMPLICIT BIAS TRAINING REQUIRED BY A P…”
CONCERNING IMPLICIT BIAS TRAINING REQUIRED BY A PUBLIC SCHOOL OR STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION. McAlindon Notification that HB1559 is now Act 511
SB190 Act 347 · 2 mentions in agenda, chapter
Matched: “…OF DETERMINING THE GRADE LEVEL APPROPRIATE FOR THE STUDENT. SB190 R. Murdock TO AMEND THE PROCESS BY WHICH A PUBLIC SCHOOL DI…”
TO AMEND THE PROCESS BY WHICH A PUBLIC SCHOOL DISTRICT MAY OBTAIN A WAIVER. R. Murdock Notification that SB190 is now Act 347
SB262 Act 461 · 2 mentions in agenda, chapter
Matched: “…SCHOOL OR STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION. SB262 J. Payton TO AMEND THE PUBLIC EDUCATION REORGANIZATION ACT;…”
TO AMEND THE PUBLIC EDUCATION REORGANIZATION ACT; AND TO REMOVE THE AUTHORITY OF THE STATE … J. Payton Notification that SB262 is now Act 461
HB1514 Act 811 · 1 mention in chapter
Matched: “HB1514 T. Shephard TO REQUIRE THAT OVERDOSE RESCUE KITS BE LOCATED…”
TO REQUIRE THAT OPIOID OVERDOSE RESCUE KITS BE LOCATED ON EACH CAMPUS OF EACH PUBLIC … T. Shephard Notification that HB1514 is now Act 811
HB1538 Act 548 · 1 mention in chapter
Matched: “HB1538 Vaught CONCERNING REQUIRED PROFESSIONAL DEVELOPMENT HOURS.”
TO AMEND THE PROFESSIONAL DEVELOPMENT SCHEDULE REQUIRED FOR LICENSED SCHOOL PERSONNEL; AND TO AMEND THE … Vaught Notification that HB1538 is now Act 548

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Ten eleven representative Hodges House Bill fifteen thirty one you're ready to run it. Recognized to present your bill thank you Mr chairman. Our committee of house bill fifteen thirty one I think it's a pretty simple bill essentially right now under current law school boards have the authority to determine how the people in their districts are represented. Whether that single members owns at large or combination my bill would simply give the people the same power as the school boards to decide how they'll be represented so currently under the law the people through an initiated action have the power to do a petition but only for single members owns and so under the current law they have to get ten percent of registered voters in the district if they want to get that on the ballot but that can only be done for single members owns this would just allow the option as well did to do at large or a combination you all remember represent Cozart bill this week fifteen thirty four that passed out of are committee and on the floor this week. Has bill eliminated the requirement for single members owns in some cases and so his bill allows the school boards in those districts to choose whether to be out larger combination if they choose my bill would allow the voters in the district to make the same decision as representive because our men's of his bill it can be hard to find people to run for school board in some cases and sometimes single members owns can make that even more difficult to find folks to run so again this bill just empowers the people if they choose to go to the petition process and have an election they now would have the option not just to do single members on but also potentially at large or combination. Brief questions sure. Representative Cozart you're recognized. Thank you represent Hodges I'm fine with your bill I just would like to know how that would be affected from a desegregation area that's still under the sick order. You know. I can answer that I don't know okay well if I may explain I think I think what it will do it will still be after. They are disbanded they would still have to be put into his own but if we can get the other bill and we may not have two sides I would just question we had on both of them so I think you were going to be okay but I appreciate your bill thanks a great bill sure. And I believe it we only have two districts that are left in the second set right. Any other questions for members. Seeing none if no one signed up to speak for against but will ask is anyone in the audience will speak for or against the bill. C. nine percent Hodges ready clothes reveal close I'll make a motion to pass representative Hodges makes motion do pass on fifteen thirty one in discussion on the motion. Seeing none all those in favor say aye opposed nay graduation you pass the bill thank you Committee. don't see representative Scott here's or anyone running that bill for her. Keith you have earned your text her to see if she wants to come run that today we'll pass over that for now will go to House Bill fourteen sixty eight representative long you're recognized. Thank you Mr chairman I'd like to invite her against up to a set within yes you're welcome to do that. If you have your guest introduce themselves for the record and then you may proceed with your presentation I'm wearing long presenter for district thirty nine which is what Jackson independence counties. And I'm that sharp and senior counsel with alliance defending freedom okay representative long you're recognized for senate bill thank you Mr chairman. H. B. fourteen sixty eight of those two simple things but both are very important. As. It protects religious liberties of teachers professors administrators in all of our public education systems these rights are guaranteed in the Arkansas constitution's decoration products article two section twenty four under the heading religious liberty states no human authority can in any case OR manner whatsoever control or interfere with the right of conscience. Despite this care to you figure to ride some educational professionals are feeling compelled to use pronouns or names that are inconsistent with the student's biological sex. When this compelled speech violates the person's conscience it is unconstitutional H. B. fourteen sixty eight will provide needed clarity and protection for educators and staff. Secondly HB fourteen sixty eight will require that a parent of a minor child will a minor children we need to give written permission to the school for their children to be called by anything other than their given name this will assure the knowledge involvement of the parents in such an important manner in I talked to in the know here from Mr mat shark his fault and House Bill fourteen sixty eight. Thank you good morning Mister chair and members of the committee as I said my name is Matt sharp with alliance defending freedom teachers and other public employees cannot be forced to deny their core beliefs or say things that are untrue just to keep their job that's what happened to go John Clute he's a high school orchestra teacher in Indiana Mr clue with engaging teacher who cared about his students and let the school orchestra to perform better than ever yet the school district did not care about the quality of Mr clues teaching it was concerned only with one thing forcing him to you students preferred names and pronouns but Mr clued as a deeply religious man who believes that following this policy would require him to speak which he did something he does not believe it's true would be perilous to his own soul so Mr clued as from August accommodation calling all students by their last name which would allow him to stay neutral on the transgender issue and focus on teaching music. The school district granted this reasonable accommodation at first but after handful of teachers grumbled about it the district revoke the accommodation and forced Mr clue to resign or be terminated Peter Fleming was a high school teacher French teacher in Virginia who was fired for declining to refer to a female student with male pronouns and maybe in Garrity a middle school English teacher in Ohio was forced to resign after the school district again requiring teachers to personally participate in the social transitioning of children by using preferred names and pronouns these are just a few of the situations happening across the country where school officials compel conformity to radical gender ideology these are teachers who love their students and who cannot use names or pronouns that are inconsistent with our sex and now this issue is coming to Arkansas it was recently discovered that federal public schools created a secret agenda support plan for students these gender support plans which are taken directly from radical gender ideology activist are the basis for compelling teachers and students to use preferred pronouns and titles and even for hiding this important information from parents who have a right to know if the school is transitioning their child without their knowledge or consent these plans inevitably lead towards pressure coercion and even punishment for staff who disagree with gender ideology being pushed by the districts but our freedom of speech religion includes the freedom not to endorse messages contrary to our core beliefs teacher shouldn't be forced to miss loop misli parents or say things that are untrue and harmful to students and that's why a growing number of courts are ruling against schools that forced teachers and staff to violate their deepest beliefs and personally endorse gender ideology just to keep a job Miller Carter math teacher in Kansas was suspended for declining to refer to students by titles and pronouns and consistent with the student sex but a federal court ruled that the school district violated Mr cards first amendment rights and the school district was forced to pay ninety five thousand dollars to settle the case and the US court of appeals for the sixth circuit ruled in favor of Dr Nicholas Merryweather the professor Charny State University in southern Ohio who was disciplined by the universe. The for the client to refer to male student by female pronouns the sixth circuit ruled that if quote professors like free speech protections with teaching a university would wield alarming power to compel ideological conformity a university president could require a pacifist to declare war that to declare that war is just a civil rights icon to condemn the freedom riders a believer to deny the existence of god or Soviet emigre to address his students his comrades that cannot be said the court these courts recognize that words including pronouns have meaning they carry a message with them and for many Americans that message is that a person has an immutable biological sex that is written into every cell of the body and pronouns reflect that truth we would never command a teacher to respond to a student saying Christ is risen with the traditional response he is risen indeed nor would be order teachers agreed a Muslim student with a little Akhbar because doing so would force a teacher to affirm a belief or ideology with which she does not agree the same is true of gender ideology and preferred pronouns. But activists know that if they can change the way you speak they can ultimately change what you think and believe and that is why they punish dissenters including hard work teacher hardworking teachers who refused to speak that which they know is untrue we must protect teachers and ensure that they are never forced to abandon their beliefs and lie about the meaning of male and female just to keep their job nor should school staff be forced to be active participants in social transitioning a process that a growing number of health professor professionals believed to be dangerous because it not only overlooks other mental health issues that a child may be experiencing it also increases the risk of irreversible harm from medical and surgical interventions schools can of course protect all children from harassment of Boeing and nothing in HB fourteen sixty eight would interfere with his ability of schools to do so but what schools cannot do is compelled speech or require support of beliefs or ideas the conflict with the personal views of faculty staff and students thank you. Mr would be happy to try to answer any questions or concerns thank you representative make sure recognized for a question. Thank you Mr chairman thank you for bringing this bill several questions or follow up with the chairman's blessing certain up so my my first question is that the bill talks about in an emancipated minor can you define on emancipated minor that's I'm not familiar with that term. So on page two it talks about shall not address and on the emancipated minor or student I'm just wondering why the work on emancipated is use their. The third page the page three thank you can bring it back around again in their states it's area of students under eighteen years old. And and I just that's an emancipated minor would be one where you've got a court ruling saying you are now free from your parents you an adult and so those circumstances that individual is considered of legally adult able to make their own decisions and so we would recognize in those circumstances the parents wouldn't be the one making the decisions about names that would be the the individuals that point okay all right and then my my follow up question is in course worries looking for secondary and an on intended consequences so the the way the bills drafted it says a a faculty member teacher or other employee of a school regardless of the scope of his or her duties shall not address and on and on emancipated minor or student with a net and the as section a is with the pronoun B. it says name other than the name listed on the The minor's birth certificate so I just wanna make sure if a student has a nickname that the teachers not gonna be running a file of this law so if the student says you know I want my nickname to be blue or whatever and The teachers okay call in by that nickname because that happens all the time there is a teacher going to be or educator gonna be running a file of this because of the way this is written a book I believe you're looking for at the moment but there's another spot in the the Bill words states or to reject a derivative they're of sound I think that's Robert becomes Bob that type of thing okay I just wanna make sure we get there are thank you Mr. The other questions from committee. Representative garner you're recognized for a question thank you Mr chair I've got several questions It in the selection of probe if if the selection of pronouns as a matter of free speech than. Why do teachers need parents permission to use pronouns inconsistent with the biological sex. Well I think that that's also an extension of printer Rights that parents have the right to direct the care and upbringing of their children to make decisions and so there may be circumstances where parents I would not want their child to go by a different name or pronoun I think it's the in those circumstances the school should respect the wishes of parents and those circumstances and defer to what parents decide what's best for their children. And also I think that if the parent does give permission for this to happen in a teacher or faculty member of it is okay with doing it it's perfectly fine it's just we're trying to protect the religious liberties of the people that is just it basically goes against everything that they believe that a to call a bit of a male a female pronoun or name to is not it is not forcing people all people to not use pronouns so only the people that have a a conscious objection to it which as I stated earlier is protected under the Arkansas constitution so did the. Hello Mister you're recognized so do the parents have to get. The parents have to give permission to use a derivative of the neck that if the. All saying. A member of the I believe that's that's spelled out here in into the the bill itself that provide relative you know which would be a common you know what proper to Bob that type of thing there's there's no problem with that thanks for looking more into things that are. A little four. Unusual you're going from John to Judy that type of thing. Okay back in the queue. You are like you I am. Well then I have more questions Thank you Mr chair in it it says inconsistent with biological sex so biological sex is not defined in here how how are teachers going to determine biological sex. I think number one biological sex it's written into every cell of a person's body and I assume the school would have record of that is part of the student enrolling in the district that would be listed there but ultimately this is gonna be circumstances where the teacher finds out maybe in the student comes in and the teacher finds out that this is a student that identifies is something different in the biological sex and in those circumstances it would just be the private of the teacher to say when a treat you with dignity and respect and I love you and care for you but all I'm simply asking for is don't force me to use a pronoun that they conflicts with that and that's where we same great examples of teachers finding other great solutions referring to students by their last names we heard one teacher that they like to elevate the dialogue in the classroom so they called all other students scholars today which gets a scholar Jones scholar Smith and create a really great classroom environment and that's the type of compromises and accommodations that this bill is going to allow a protecting teachers from what happened when they declined to use pronouns and lose their jobs as a result. Other questions. Give me another one thank you I guess I just. I was an individual's identity a matter of public concern and. So it's individual's religion a matter of public concern or. I just don't understand how why that's a public concern. I think it's because there's as I I reference there's a statement of belief in truth underline pronouns just like there is a statement of belief for truth regarding religion and that's why we don't force again as I said teachers to greet students with a greeting with another state because we know that I could from conflict for the teacher's own beliefs and the same is true when it comes to pronouns and titles that there's a statement of belief in truth about what it means to be male and female and said very much as a matter of personal conscience and public concern for the teachers not to be compelled by law to say something that they don't believe it's true. Okay any other members have questions. Representative back you're recognized. I liked into the bill and and I'm going to apologize from maybe I miss this or something I didn't come up so. If a student. US biological sex was more or less. Not known to the school district discover discover the school district but I setting up because someone comes in there and they. Whatever you know there there's the if they're not no they they register as a sex but that's not their biological sex and now the school doesn't know and all that does that does accommodate for that. Yes. The focus of this is simply on should a teacher be disciplined should they be punished when the teacher says this student is biological male and wants to be referred to with female pronouns I don't feel comfortable with that don't punish me for that that's really all this bill does And then also differs to the wishes of parents of how they want their child to be addressed. And I don't know if it would have been trying to answer questions I don't know if it's still the case but I know not too distant past a birth certificate was part of the process of of resting your kid to go to public school so your whatever or certificate of the school's gonna have a record of what the biological sex was at the time of our so that helps any. Representative can see you're recognized the Mr I just feel like I. I have a derivative name and it also ends up being it is androgynous I mean my made my my first of my middle name is Britain and I go by Brett I also do have is when asked the question of. Does a teacher have to create a liminal state where they're sending a a permission slip home. Two for a student for their parents to have to agree on a line the fact that my name is derivative and my pronouns are he him but I'm just confused that are we putting kids on an island to a certain degree of where. Because my name is androgynous be made relative name is that I have to go get a. Permission slip signed. Not at all again that the billing which is specifically clear that you can use a name or a derivative are of their of its fund up Page two line thirty four that it references that something way I'm Matthew I go by Matt all that is perfectly fine what we're dealing with is number one is that the parents making the decision which we want to defer to parents that is their proper role to make those decisions and so something outside of normal names and nicknames normal derivatives that's up to the parents and if the parents are comfortable with it and the teachers comfortable with that that's fine. I see no other questions from the committee will go to. I'm sorry your back and I'm back in. I'll I'll just I'll just make one more question that this bill obviously discriminates I think of students based on sex. Don't you think will be litigated. Not at all in fact I think this is stop in litigation again what we're saying is I listed all of those circumstances all those cases I described are places across the country we're teachers were suspended they were punished later we're disciplined for simply saying I want to stay out of the culture wars just let me teach and find a better solution reckon treat everybody the same use a last name with everybody or find some other solution and the schools refused to do so and that violates their constitutional rights so this is actually going to stop that it's going to stop lawsuits were teachers are losing their jobs and having to defend the rights is going to set a clear standard that ensures that everyone is treated with dignity and respect that parents are in the driver's seat and the teachers conscience rights and students conscience rights are protected as well. And what. He was saying I thank with the state constitution being so clear on the matter if it would be a slam dunk for any teacher to take this to court because it's clearly a violation of their own the conscious and and That would have been the case is like. Why should they have to go to expense and in terms of trying to mitigate something that clearly installed on the constitution that's what we're kind of hoping to do is bill is to make it clear to everyone that this this is a a protected. We're trying to protect people's right to have a conscience objection to something that you have a deeply held beliefs about. Okay thank you for your testimony Sir we're going to go to the audience now for those signed up to speak for or against the bill will start at the top of the list to speak for the bill Jerry ****. The identify yourself for the record. And then you're recognized to present your testimony. Thank you Thank you Mr chair of members of the committee on Jerry **** I'm the director of family council and it's it's I appreciate you guys taking up this important measure. This bill is really about I think Page one line thirty four. Where it says Compel speech. And I know many of you have. In a classroom teacher some of you have spent years in the classroom or worked with young young people in different capacities. And most of the time all you're trying to do is just do your job the best way you know how other days when I in my eleven years of teaching high school that I just survive the day of it and was glad to make it through it. To me having. Compel speech just a heads of a lot more burden to that whole process. And it's it's something that I think encumber people's ability to teach to try to remember. Everybody's preferred pronouns if you have twenty five or thirty students in a class and you're trying to work all that out. I do love what testimony was given earlier where in some schools they referred to the students by their last names Hey Mister Jones what is your question you know Mrs miss Smith what is your question. And so there are good creative ways around this I think I realize it's controversial will know what is. But when it comes right down to it teachers and students do not surrender their first amendment rights just because the walk through the door of a school building many of us have made that argument about religious freedom over and over over the years and I believe it's true of that also believe this truth speech where you don't do it we don't have these little bubbles out here call public schools where the constitution is suspended because you walk through that door and so to me this really up holes that principle of we're not going to force people to speak against something that they believe is untrue or goes against with their sincerely held convictions. The the bill is you know is quite short it does provide for the parents to be able to have their wishes respected this bill I believe it's the same identical bill passed this committee two years ago and it also passed the house of representatives in did not make it through the Senate Committee and I haven't compared the bill side by side but as I recall representive Bentley ran a bill identical to this I believe two years ago and it the the House all fit to pass at the end and it's my hope that you'll see fit to pass at this time as well because it's good law. This chair thank you for the opportunity to be here in front of the committee and I'll be glad to entertain questions if there are any but again I appreciate the opportunity to speak any questions for Mr ****. Thank you thank you Mr chair stay on members of the committee. Will now go to the against we have five signed up to speak against the bill Charlie twenty be cognizant of giving everyone the opportunity to speak to signed up we appreciate you being here today just reminded we are a little bit of a tight schedule today just to the general session convening at eleven so I want to try to adjourn this committee if at all possible ten fifty and so being cognizant of the time fuel but help us kind of abide by that schedule start with Jessica Disney signed up to speak against. Just got fuel identify yourself for the record and who you represent and you may begin your testimony. So my name is just Disney hi I represent myself as a citizen here in Arkansas and my pronouns or she her I've spent years working with marginalized youth in central Arkansas area and it's unfortunate that I know alternately for some on the committee you don't care to speak further to those who are affected by legislation like this like our transgender youth and students are you seem to not want to understand what it is that we go through in our everyday life. Whether it's our transgender youth or students or adults like myself we open ourselves up to questions but no one will ever seek a better understanding of what goes on. I am honored to have transitioned to youth and students willing to share with me their experiences to help me understand the discrimination that they face every day in schools I could present the studies on name and pronoun usage to parts of so what people would consider social transition that show use who have these things affirmed in their environments show over a fifty percent decrease in rates of suicidality. This bill is one amongst many that have been put forth that target and discriminate against transgender individuals specifically yesterday these individuals were told by our state that we don't believe they should have access to care I know personally use that are trans gender and everyone has had to seek treatment for their suicidal ideation that has been caused by seeing themselves in the trans gender simply instructed by our state. And another welfare in the family that is not accepting of them a family that would not provide some sort of permission slip if they felt comfortable enough in school and I reached out to them and I'll unfortunately I haven't heard back from them yet and I really hope they're doing OK. Our please and information provided will most likely be dismissed casually by the bill sponsor later enclosing as having nothing to do with this bill or what it does and committees we've heard constantly from people who speak a lot about intent versus reality the intent of this bill was stated earlier what I can tell you and speak to it is the reality it's been a different story in reality I see that our legislative legislature is once again singling out transgender individuals and attempting to pass discriminatory law. It's code to find the right for someone to cause alarm distress to another person it's giving them the right to bully. As a transgender woman I know how exhausting it is to hear our existence constantly put to question and debated I know from speaking to our transition to use that for what it feels like for them to have these debates encouraged in the classroom by their teachers I also know how much of a difference it has made to myself and peers to be in spaces where we are accepted for who we are those environments where we can for once feel safe and not on constant alert for someone to attack us. When I was in school before I was even out as trans gender there were many faculty who had refused to accept what was my dad name as my actual name they assumed I was misspelling it and they tried to tell me I was wrong it wasn't until I had a family member come up and declare to them that no they were wrong they were the ones misspelling my name and they should refer to me as that and I'm thankful that I had a parent that would do that in my time and that had nothing to do with being transgender in its moment. I sit here before you and there's much more I could say and and courtesy of time I won't continue I'll pass it on to other speakers but what we do have the time for if any of you would like to know as a transgender individual I am open to questions if you would like to know more about our experiences and everyday life. Thank you for your testimony any questions from the committee. C. nine thank you thank you next is Rumbaugh. You will identify yourself for the record the representative you may begin your testimony. Hi my name is remember I'm the executive director of intransitive transgendered any station here in Arkansas and I'm here to remind you the reasons why HB fourteen sixty eight needs to be opposed today. Before I want to point out that. Teachers are already losing their jobs because of these later learns Act made and you heard from Folks speak for this bill are they are these creative ways of not using things that you don't want to use so that you might not know how to use right so Frances I'm gonna use my coworker TN assuming that I don't know T. as pronounced or I don't wanna used yes pronouns I could just say ten sitting right there to my right. When I am a very cool shirt holding ten phone up so there are ways for folks especially teachers who are used to being around students to be able to know how to address folks without compromising how they feel or especially they don't know how to address a student right. And your heart one of the representatives mentioned how His name is is androgynous and the answer to that was or will you just derived from your name but how would the teachers know the biological sex. The biological sex that he was a sign right it just it's just going to make all of this. Pieces that are being discussed a lot harder on teachers when you already heard they have a lot of things going on you know this is an intentional attack feel by transfer we have the sponsors to target indiscriminate transgender students and staff and that alone should make you oppose this bill. But I want to continue this is a clear violation of title nine protections which protects students and teachers from gender based discriminations and schools that receive federal funding which is basically every school in Arkansas. It is being claimed that this bill is to protect teachers but the language of the bill is such that it requires teachers to discriminate against transgender students and other transgender staff fourteen H. B. fourteen sixty eight is discrimination and you will result in huge amounts of lawsuits against every federal funded school in Arkansas. There is no language of this bill. That is just specific tool I teacher who doesn't want to use pronouns being protected it is requiring all teachers. Tool to discriminate transgender students and their peers transgender staff. Another reason to stop HB fourteen sixty eight is Amendment thirty three to the Arkansas constitution according to the Attorney General status it will be taken away power that is traditionally exercised by the institution's board any will cross the institution to make substantive policy the Attorney General has also stated that any legislation that you to wait I Amendment thirty two thirty three will result will be view buy a quart ice and Constitutional. Representative Hodges I know that staff but in what way you work hi brought up Concerns about H. B. fourteen sixty eight on title nine I've heard from people a multiple institutions who work there who are also concerned about this and although HB forty six days in this committee they are part of you have claim to know nothing about the bill. But now that you do and you are aware of the violations of the bill I trust that you will be a strong advocate against H. B. fourteen sixty eight in order to protect the people you serve at the northwest Arkansas community college. I urge you all to vote against H. B. fourteen sixty eight thank you. We take a question. No okay. Thank you for your testimony signed up next TN the still. If you will identify yourself for the record and who you're representing and then you may begin your testimony thank you I am ten Estelle and I am the advocacy coordinator for intransitive and my pronouns are they them exclusively. Picture in your imagination an adolescent or teen that you care deeply about. See that young person so full of life so full of potential but also full of pain and sadness they come to you with their trusted adult and they open up to you about their loneliness and depression. They feel like no one understands them and they feel alone even around their friends. They shared journal entry and you hear how desperate they are to stop the pain they share a secret. That they thought about all the ways that they could in their life. You take them to their pediatrician and the doctor has some hopeful news there is one thing you can do this treatment has the potential to reduce the depression to reduce the suicidal thoughts on and it could reduce suicidal behaviors this thing is free. This thing is free it does not require health insurance what success symbol doesn't require weekly therapy appointment that one thing is simply using their correct pronouns and name but those are different than what you've called them their whole life. Would you all do that for the team that you looked. That you love. The largest research study to date about suicidality among trans among trans youth found that simply using a use. Name and pronouns in at least one context. Deuce depression symptoms reduces suicidal thoughts by one third and reduce suicidal behavior by sixty five percent. Using a person's name and title as a matter of basic courtesy and respect honorable representatives that is your title correct. Using a transgender person's name and pronouns is not only respect. It's a life saving and life affirming and was mentioned earlier that a representative Bentley in twenty twenty one did bring a similar billing for the House education and she admitted there been zero lawsuits filed against teachers for misgendering a student. This bill protects teachers from termination or lawsuits if they intentionally missed agenda a child we should be protecting trans children. And creating safety and belonging for them by addressing them with respect. Please show the kids of Arkansas that you respect them that you honestly want to protect them that there's real measures happening to protect children. And not just things that sound like you want to protect someone from something that's not even a threat so please vote no on H. B. fourteen sixty eight. Any questions from committee. Saying that thank you for your testimony next Sarah Everitt. Solidify yourself for the record and who you're representing you may begin your testimony yes good morning my name is Serra Everitt I'm the policy director with the ACLU of Arkansas I want to discuss some of the legal issues with this bill it as representative Garner pointed out it's claims that an individual's personal pronouns that their personal identity as a matter of public concern. As we heard we don't consider a person's individual religious beliefs or political beliefs or race or or sex assigned at birth is a matter of public concern only that person's gender identity. The bill claims that that it's a matter of free speech to choose not to use a trans person's pronoun but then it goes on to limit the speech of school employees who want to affirm that students gender identity. It compels teachers to use the incorrect pronoun or or name if they don't have a parent's permission so it both limits free speech and compels us to a teacher to speak in a way that they don't agree with only because they support that transgender student the bill clearly discriminates based on sex in in many ways but it's also very clearly violates the first amendment and that it is viewpoint discrimination on its face. As others have noted the bill also I don't think we got into this but towards the end it it. Scissor faculty member shall not be subject to adverse employment action this is Page three line three. for declining to address a person using a name other than name on the birth certificate or or pronoun This would seem to apply to employees of schools too so if the teacher doesn't want to refer to another teacher by their correct gender pronoun or name they would be protected under this bill of which as we know the Supreme Court has clearly stated that discrimination against trans people is sex discrimination and it is prohibited in employment at the very least I think that treating trans employees of schools differently allowing a hostile work environment is a pretty clear violation of title seven so we're looking at a first amendment lawsuits were looking at title seven discrimination lawsuits we're looking at equal protection and title nine lawsuits and we we know that we have taken public funding away from public schools the session we've also passed legislation that will result. in in litigation over bathrooms over the rights of teachers to teach about the history of racism in this country the and and now we're looking at a bathrooms and and and this is yet another another bill that will force individual schools and school districts into costly legal battles. With the with no real problem as it's been noted before I'm happy to take questions also happy to let you all move on. Members any questions. C. nine. Thank you for your testimony last one signed up to speak is Allison Guthrie. Your lotus yourself for the record Dan who represent you may begin your testimony absolutely. This doesn't move anymore My name is Allison Guthrie I and I'm here at as a concern or cans and. What does this bill do for Arkansas. As in our cans and I am beginning to lose hope that we can make this state better. And I'm thoroughly disappointed in this legislature. How much time has been spent and will be spent on this bill that could have been spent on the issues that are killing our Kansans while we are in here debating what a child prefers to be called and what pronouns they want to use Arkansas children are facing starvation struggling to be adopted and teens are committing suicide. I refuse to see how this bill is anything but a personal issue it doesn't take a lot of effort to treat someone with the respect and decency that they're requesting of you. This bill is a violation of freedom of expression which includes identity if this is a matter of ideological beliefs to what extent are those protected. No law is currently compelling anyone in the State of Arkansas to use anyone's preferred name or pronouns however people are often doing so out of the basic human respect and decency that they have for others. I would argue that it compels my free speech when I am forced to be respectful in this room rather than express my true thoughts and emotions on this bill but I choose to be respectful because that's what this is about respect. And again how are we planning to enforce this will we be designating school faculty as the agenda police again what about children with androgynous names like Taylor Jordan or brit. Well faculty and teachers hold classes just to verify whether or not that is the child's given name because of how they physically look. Names do not hold a monopoly on femininity or masculinity. At what point are we stripping the identity of children for parental control. This legislator is making itself the gate keepers of personal identity and gender expression with the introduction of this bill. Without the freedom to experiment with who they are. Children struggle to find a strong sense of themselves as adults roleplaying trying different clothing trying different activities trying out different from foreign groups names pronouns or nicknames all of these activities are part of a child's normal psycho social development and this legislator let slip legislature is trying to take that away. We must affirm children for who they are for some of these kids that may be all that they have please do not take that away from them. Any questions from committee. Say no questions thank you for joining me. That is all that was signed up to speak for or against representative long. You're recognized to close for your bill. Thank you Mr chairman. As Mr sharply pointed out earlier there's been numerous cases thus far that have affirm the right of people to. Not be compelled to speak words that they don't believe. I would ask the people that opposed failed to consider the fact that tolerance is a two way street I think that it would be a good a good policy for everyone to tolerate the of the people that have a and religion deeply held religious conviction regarding this matter and have it basically Given this and the same curtesy that they're asking for in. With that I'd ask for make a motion to pass and would ask for a good vote thank you. Representative long as close for his bill is member the committee is made a motion to pass or any discussion on the motion represent Cozart you're recognized. Thank you Mr chairman a lot of different things said today and we there's questions arose about one we run bills like this personal gain or for something else this is never for personal gain we run feels like this for our constituency our people at home that don't like what's happening in America and what's happening in Arkansas they want to change it for the better we also have teachers that I've had problems with this we're running this bill to help protect our teachers from being fired the other classroom being shamed for doing something that I believe is right and it's a it's their moral right to do this to protect themselves. What things are totally out of the ordinary the same continue to seem to continue to get worse and worse and we continue to let it get worse that's what's going to do is going to get to a place that we have totally lost or provisional family values in this state so I will be voting for this bill. Representative Hodges you're recognized thank you Mr chair. just a couple points in the first set I would like to clarify one of the speakers I believe made the statement that teachers have lost their jobs because the learns Act which I believe just became law yesterday so just like to point out that's completely false and as the issue that was raised to me personally I just like to clarify for everyone here in the committee that I am was elected by the fourteenth district and that's what I represent do not represent my employer anymore than anyone else at this table represents their employer thank you. Any other comments or debate from the Committee. Seeing none your motion do pass by representative long all those in favor the motion say aye. Close may. Graduations your bill is passed. Members appreciate you being cognizant of our time limit that we are on today that's all we're gonna be able to take up today we will start on Tuesday representative Bentley if you can you'll be first up on the list on Tuesday sorry we couldn't get to you today saying no other business we are adjourned.
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Agenda

REGULAR AGENDA

Number Sponsor Subtitle

HB1531 G. Hodges TO AMEND THE LAW TO ALLOW QUALIFIED ELECTORS TO DETERMINE THE ISSUE AS TO WHETHER TO ELECT THE SCHOOL DISTRICT BOARD OF DIRECTORS FROM SINGLE-MEMBER ZONES, AT LARGE, OR A COMBINATION OF SINGLE-MEMBER ZONES AND AT LARGE.

0:11

HB1343 Scott TO ALLOW THE CONTENTS OF A TEACHER PREPARATION PROGRAM TO INCLUDE CERTAIN CONTENT THAT PERTAINS TO EVIDENCE-BASED TRAUMA-INFORMED CLASSROOM INSTRUCTION WITHIN ITS CURRICULUM.

HB1468 Long TO CREATE THE GIVEN NAME ACT; AND TO PROHIBIT REQUIRING EMPLOYEES OF PUBLIC SCHOOLS AND STATE-SUPPORTED INSTITUTIONS OF HIGHER EDUCATION TO USE A PERSON'S PREFERRED PRONOUN, NAME, OR TITLE WITHOUT PARENTAL CONSENT.

3:45

HB1495 Gramlich TO AMEND THE LAW REGARDING DEADLINES FOR SCHOOL DISTRICTS TO SUBMIT THE RATE OF TAX FOR A SCHOOL ELECTION.

HB1526 Bentley TO REQUIRE A HEALTH AND SAFETY COURSE OFFERED BY A PUBLIC SCHOOL DISTRICT OR OPEN-ENROLLMENT PUBLIC CHARTER SCHOOL TO INCLUDE INFORMATION REGARDING BREASTFEEDING.

PENDING FISCAL IMPACT

Number Sponsor Subtitle

HB1447 J. Mayberry TO AMEND THE MECHANISM BY WHICH SCHOOL NURSES ARE COMPENSATED.

HB1489 D. Garner TO AMEND THE LAW CONCERNING PROGRAMS AND ACTIVITIES APPROVED FOR ACADEMIC CREDIT FOR COMMUNITY SERVICE.

HB1504 M. McElroy TO AMEND THE PUBLIC EDUCATION REORGANIZATION ACT; TO AMEND THE CONDITIONS UNDER WHICH A PUBLIC SCHOOL DISTRICT SHALL BE ADMINISTRATIVELY CONSOLIDATED BY THE STATE BOARD OF EDUCATION; AND TO DECLARE AN EMERGENCY.

HB1516 Lundstrum TO ALLOW A PUBLIC SCHOOL DISTRICT TO PARTNER WITH A BUSINESS TO ALLOW FOR CREATE AN INCOME TAX CREDIT FOR BUSINESSES THAT LOAN SUBJECT-MATTER EXPERTS TO PUBLIC SCHOOL DISTRICTS. THE PROVISION OF A SUBJECT-MATTER EXPERT; AND TO

Notice: Silence your cell phones. Keep your personal conversations to a minimum. Observe restrictions designating areas as 'Members and Staff Only'.

HB1527 Bentley TO CLARIFY THE REQUIREMENT THAT PUBLIC SCHOOL DISTRICTS GRANT EXCUSED ABSENCES TO STUDENTS WHO PARTICIPATE IN 4-H ACTIVITIES OR PROGRAMS.

HB1529 Ray TO ESTABLISH THE ARKANSAS ADULT DIPLOMA PROGRAM ACT.

HB1538 Vaught CONCERNING REQUIRED PROFESSIONAL DEVELOPMENT HOURS.

HB1539 Vaught TO REPEAL THE REQUIREMENT THAT PUBLIC SCHOOL DISTRICTS AND OPEN- ENROLLMENT PUBLIC CHARTER SCHOOLS OFFER CERTAIN COURSES TO EXPELLED STUDENTS.

HB1540 Vaught TO REQUIRE A STUDENT WHO REENTERS A PUBLIC SCHOOL DISTRICT OR AN OPEN-ENROLLMENT PUBLIC CHARTER SCHOOL TO TAKE A GRADE-LEVEL PLACEMENT TEST FOR PURPOSES OF DETERMINING THE GRADE LEVEL APPROPRIATE FOR THE STUDENT.

SB190 R. Murdock TO AMEND THE PROCESS BY WHICH A PUBLIC SCHOOL DISTRICT MAY OBTAIN A WAIVER.

HB1559 McAlindon CONCERNING IMPLICIT BIAS TRAINING REQUIRED BY A PUBLIC SCHOOL OR STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION.

SB262 J. Payton TO AMEND THE PUBLIC EDUCATION REORGANIZATION ACT; AND TO REMOVE THE AUTHORITY OF THE STATE BOARD OF EDUCATION TO REQUIRE AN ADMINISTRATIVE CONSOLIDATION FOR CERTAIN SCHOOL DISTRICTS.

DEFERRED BILLS

Number Sponsor Subtitle

HB1113 Rose TO AMEND ARKANSAS LAW CONCERNING THE AWARD OF SCHOLARSHIPS UNDER THE SUCCEED SCHOLARSHIP PROGRAM TO STUDENTS IN FOSTER CARE.

HB1154 L. Johnson TO AMEND THE LAW CONCERNING THE TYPE OF LICENSE ISSUED TO CERTAIN APPLICANTS IN AN ALTERNATIVE EDUCATOR PREPARATION PROGRAM.

HB1192 Eubanks TO REPEAL THE PUBLIC SCHOOL EDUCATIONAL COOPERATIVE ACT OF 1981; AND TO AMEND THE EDUCATION SERVICE COOPERATIVE ACT OF 1985.

HB1204 Wooten TO REQUIRE PRIVATE SCHOOLS TO ADMINISTER AN ANNUAL STATEWIDE STUDENT ASSESSMENT; AND TO REQUIRE PRIVATE SCHOOLS TO ADMIT EACH STUDENT WHO APPLIES FOR ADMISSION AND INTENDS TO COVER PRIVATE SCHOOL COSTS WITH STATE FUNDING.

HB1205 Wooten TO REQUIRE A SCHOOL THAT ACCEPTS STATE FUNDING OF ANY TYPE TO PROVIDE TRANSPORTATION TO CERTAIN STUDENTS ENROLLED IN THE SCHOOL.

HB1206 Joey Carr TO AMEND ARKANSAS LAW CONCERNING THE INFORMATION CONSIDERED UNDER THE SCHOOL RATING SYSTEM.

HB1350 C. Fite TO AMEND THE LAW CONCERNING THE EFFECT OF A MINORITY POPULATION ON SCHOOL DISTRICT ELECTIONS.

HB1428 C. Cooper TO CREATE THE EQUAL ACCESS TO COLLEGE AND CAREER READINESS ASSESSMENTS ACT.

HB1514 T. Shephard TO REQUIRE THAT OVERDOSE RESCUE KITS BE LOCATED ON EACH CAMPUS OF EACH PUBLIC HIGH SCHOOL AND STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION.

Page 2 of 3

HB1551 McClure CONCERNING COMMUNITY COLLEGES.

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Speakers